A pair of Republican lawmakers are raising questions about the constitutionality of this month's special legislative session, where lawmakers approved expanded gambling legislation that is now on the November ballot.

Senate Minority Leader E.J. Pipkin and Cecil County Republican Delegate Michael Smigel have sent two letters to Assistant Attorney General Daniel Friedman asking for an opinion on these issues.

Pipkin says, the Senate potentially violated the state constitution when senators recessed for three days, while the House of Delegates considered the gambling legislation.

During the session, the Senate approved the gambling bill on August 10.

Senators then left Annapolis and returned early on the morning of August 15, to approve the House version of the bill.

Pipkin says the Senate cannot legally do that.

Pipkin also says the ballot question that is included addresses state spending, which is not allowed under the state constitution.

According to the ballot question finalized this week by the Maryland State Board of Elections, voter are asked if they, " favor the expansion of commercial gaming in the State of Maryland for the primary purpose of raising revenue for education."

Voters are also asked if they favor legalizing table games and adding a sixth casino in Prince George's County.

Pipkin says that he and Smigel are considering raising the issue in a lawsuit, but no lawsuit has been filed as of yet.

A spokesman for the attorney general's office told WBAL News that the letters are under review.

This is not the first time that Smigel has taken legal action following a special legislative session.

Following the 2007 special session which legalized the five existing casinos in Maryland and raised sales and income tax rates, Smigel was part of a similar lawsuit.